Same-Sex Couple
How are same-sex parents named on the final birth certificate? The Iowa Supreme Court concluded in Gartner v. Iowa Dept. of Pub. Health that The Iowa Department of Public Health must include both parents’ names on the child’s birth certificate, regardless of gender. However, naming the parents as “Parent and Parent” has not been seen in practice.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Most likely, yes.
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes, after a second parent adoption.
Can the non-biological parent obtain a second parent adoption based solely on the fact that the child was born in Iowa (i.e., neither of the Intended Parents lives in Iowa)? Yes
Second Parent & Stepparent Adoptions for Iowa Residents
Note: This situation typically arises if the child is born outside the state. The parents then return to Iowa to obtain a second parent adoption or stepparent adoption in Iowa.
Will courts in Iowa grant second parent adoptions or stepparent adoptions to heterosexual couples living in Iowa? Yes, and the process does not require the formalities of an adoption, such as a home study.
Does the couple need to be married? No
Will courts in Iowa grant second parent adoptions or stepparent adoptions to same-sex couples living in Iowa? Yes
Does the couple need to be married? No